Some ideas on how to deal with Problems with Executors.
If there are three executors named in a Will and one of them has taken over and refused to work with the others, there are several steps that can be taken to address this situation under English & Welsh law. Here are some possible actions you can consider:
Communication and mediation:
The first step should be to try and resolve the issue through communication. Reach out to the executor who has taken over and express your concerns. It may be possible to resolve the conflict through open dialogue and negotiation. If direct communication does not work, consider involving a mediator who can help facilitate discussions and find a mutually agreeable solution.
Seek legal advice:
If attempts at communication and mediation fail, it would be advisable to consult with a specialist solicitor or lawyer who specialises in probate and estate matters. They can provide you with specific advice tailored to your situation and guide you through the legal options available. Some of the firms we recommend will generally recommend mediation initially.
Apply for removal of the executor:
If the executor’s actions are causing significant problems or if they are not fulfilling their duties as an executor, it may be possible to apply to the court for their removal. The court will carefully consider the circumstances and make a decision based on what is in the best interests of the estate and beneficiaries. This can be a complex and time-consuming process, so it is essential to seek legal advice before proceeding.
Renounce executorship:
If you are one of the other named executors and find it difficult to work with the executor who has taken over, you may have the option to renounce your role as an executor. Renouncing means giving up your right to act as an executor, and the remaining executors would then be responsible for administering the estate. However, renouncing should be carefully considered, as it may have implications for your entitlement as a beneficiary under the Will should that be conditional on your acting and any discretionary benefits may no longer come your way. My preferred option (as a layman) would generally be to become an inactive executor with “powers reserved” so you can resume as executor should the circumstances require it – for example, the troublesome executor dies, becomes reasonable, or is unable to continue through ill health. If you renounce, that is it.
Apply for probate:
If the executor who has taken over refuses to apply for probate or fulfil their duties, you could consider applying for probate yourself. This would involve submitting an application to the Probate Registry, demonstrating that you have the legal right to administer the estate. Again, it is advisable to consult with a specialist solicitor to guide you through this process.Remember, the best course of action will depend on the specific circumstances of the case. It is crucial to seek professional legal advice to understand your rights and options in dealing with the situation effectively.